Other conditions decisions — 2008

The veteran's claims for increased ratings and service connection were denied. The claim for an initial rating in excess of 20 percent for residuals of nerve damage of the brachial plexus and left winged scapula was denied, as the evidence did not support a higher evaluation under applicable VA regulations.

The veteran's right foot disability, manifested by pain and full range of motion, is rated at a 10 percent rating.

The Board has determined that the veteran's right above-the-knee amputation was not caused by VA medical treatment, and thus compensation benefits under 38 U.S.C.A. § 1151 are denied.

The Board granted a 100 percent disability rating for myasthenia gravis effective since March 7, 2008. The veteran requires an oxygen ventilation machine at home due to his condition.

The Board has determined that the veteran does not have residuals of a right hip injury related to service and therefore denied her claim for service connection.

The Board denied the veteran's claims for service connection and compensation under 38 U.S.C.A. § 1151 for heart attack, stroke, and related illnesses as secondary to his service-connected nicotine dependence due to a prohibition on such claims based on tobacco use during service.

The Board has granted service connection for the cause of the veteran's death and entitlement to accrued benefits for esophageal cancer, finding that it is at least as likely as not related to Agent Orange exposure in service.

The veteran's severance pay was properly recouped from her VA disability compensation benefits.

The Board has reopened the veteran's claim of service connection for the residuals of an osteochondroma of the right ileum and has determined that these residuals are related to service, granting service connection.

The Board has determined that the appellant is not eligible for DIC benefits or nonservice-connected death pension under VA laws, as her late husband had no qualifying service in the United States Armed Forces.

The appellant is not recognized as the surviving spouse of the veteran for purposes of VA benefits due to failing to meet eligibility criteria.

The Board has denied the appellant's claims for DIC, death pension, and accrued benefits as she could not be recognized as the common law surviving spouse of the veteran.

The Board dismissed the appeal for TDIU and denied the veteran's request for a refund of the VA funding fee due to the foreclosure on his home loan. The decision found that the veteran was not entitled to a refund because he did not pay the funding fee out of pocket, and any entitlement to recoupment had been discharged with the foreclosure.

The Board denied the appellant's claim for VA benefits due to a lack of verified active military service with the United States Armed Forces.

The Board denied the veteran's claims for increased evaluation of left hip bursitis and service connection for bilateral cervical radiculopathy, finding that his conditions did not meet the criteria for higher ratings under applicable VA rating criteria.

The Board denied an increased rating for the veteran's residuals of a shell fragment wound of the left anterior chest wall with foreign body retention, involving muscle group XXI, currently evaluated as 10 percent disabling.

The veteran's claim for an earlier effective date for special monthly compensation for loss of use of a creative organ is denied as there was no pending claim prior to the October 7, 1999 filing.

The Board has determined that VA compensation benefits were properly terminated due to the veteran's fugitive felon status from December 27, 2001, to August 28, 2003.

The Board denied the veteran's claims for service connection for residuals of a cold injury and an increased rating for left ankle disability.

The Board denied the veteran's claims for an initial rating in excess of 10 percent for residuals of a hemilaminectomy and fragmentectomy at L4-5, and for an initial compensable rating for temporomandibular joint (TMJ) dysfunction. The evidence did not show that the veteran met the criteria for a higher rating under the applicable diagnostic codes.